Installerpool.com LLC Terms and Conditions for Use
Preliminary note: There is NO Charge for Installers to access and use Installerpool.com. The only time Installer will be charged is if he or she accepts a job through Installerpool.com, in which case Installer will pay a nominal Transaction Fee (see Section 3 for more detail about Transaction Fees). By joining Installerpool.com, Installer will have complete access to all of the benefits of using the Installerpool.com system, including its scheduler, video training, a professional webpage, and all other tools designed to help the Installer become more organized and professional. Installer must, however, agree to terms and conditions set forth below in order to use Installerpool.com.
1. CONTRACT BETWEEN INSTALLER AND INSTALLERPOOL.COM LLC
The terms and conditions for use of Installerpool.com represent a service agreement and contract (the “Agreement”) between Installerpool.com LLC, with offices at 4409 Greenway Drive, Knoxville, Tennessee 37918 (the “Company”), and you, the installer or helper, as end-user (the “Installer”).
THIS AGREEMENT IS A LEGAL AND BINDING AGREEMENT BETWEEN the Company and the Installer, WHICH GOVERNS the Installer’s USE OF the Company’s INTERNET-BASED MEDIA SUBSCRIPTION SERVICE TOGETHER WITH ALL INFORMATION, CONTENT, PRODUCTS, MATERIALS AND SERVICES MADE AVAILABLE TO the Installer THROUGH THE SAME BY the Company OR THIRD PARTIES (COLLECTIVELY, THE “SERVICE"). Installer shall READ THIS AGREEMENT CAREFULLY PRIOR TO USING THE SERVICE. BY REGISTERING FOR, USING OR OTHERWISE ACCESSING THE SERVICE, OR ANY COMPONENT OF the Service, IN ANY MANNER WHATSOEVER, the Installer CONSENTs TO BECOMing A PARTY TO THIS AGREEMENT AND AGREEs TO BE BOUND BY AND COMPLY WITH THE TERMS AND CONDITIONS set forth. THE SERVICE IS OFFERED AND MADE AVAILABLE ONLY TO Installers 18 YEARS OF AGE OR OLDER. IF Installer is NOT YET 18 YEARS of age, he or she shall DISCONTINUE USING THE SERVICE IMMEDIATELY, OR IF, FOR ANY REASON, Installer DOes NOT ACCEPT AND AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, Installer shall DISCONTINUE THE REGISTRATION PROCESS AND NOT ACCESS OR USE THE SERVICE IN ANY MANNER. BY CONTINUING WITH THE REGISTRATION AND ACCEPTANCE OF ANY MEMBERSHIP PLAN, Installer AFFIRMs THAT he or she HAs THE AUTHORITY TO MAKE PURCHASING DECISIONS FOR his or her COMPANY.
The use of the Service in this Agreement shall mean any actual or attempted access or utilization of the Service, including, without limitation, any transmission, exchange of information or communication associated with the Service. These terms and conditions, policies, rules and provisions which are described, linked or otherwise referred to and form a part of this Agreement, including, without limitation our Privacy Statement, constitute the entire agreement between Installer and the Company, superseding any prior or inconsistent understandings, representations or agreements regarding the Service.
2. WHEN INSTALLER MAY USE THIS SERVICE
Installer may start using the service as soon as he or she has finished the registration process.
3. TERM, FEES, PAYMENTS
The Company charges a standard transaction fee directly to the Installer for his or her acceptance and completion of work through Installerpool.com (the “Transaction Fee”). The Transaction Fee shall be three and one half percent (3.5%) of the gross amount paid by the Dealer to Installer for the job booked and completed through Installerpool.com. The Transaction Fee shall be deducted from the gross amount paid to Installer from a Dealer’s weekly payroll. In the context of an Installer working directly for a customer, the Transaction Fee shall be five point seven percent (5.7%) of the gross amount paid by the customer to the Installer for the job booked and completed through Installerpool.com, which covers additional costs related to a direct installation (including PayProtect escrow, whereby the Installer is guaranteed that the customer has paid in full in advance of beginning the job, as well as the protection for the Installer that he or she must only complete the job in a satisfactory manner to receive immediate payment). In this case, the Transaction Fee shall be deducted from the gross amount paid to Installer from the amount held in escrow upon completion of the job and release of the funds to Installer by a customer.
Installer may elect to receive payment from a job accepted and completed through Installerpool.com in one of two ways:
(a) direct deposit to his or her checking account; or
(b) if no checking account information is provided, payments will be made to a debit card which will be provided by the Company upon acceptance of Installer’s first job through Installerpool.com (the “Debit Card”). There will be NO CHARGE to Installer for receiving the Debit Card.
Installer may access his or her weekly earnings, in full, by going to any bank that accepts VISA or any ATM that allows Installer to use the Debit Card (Installer may also get money using the card at any one of over 32,000 Alltel ATM’s across the nation at no fee). There is NO CHARGE for this service. Installer may also elect to use money on his or her debit card to pay bills or make purchases anywhere VISA is accepted, at no charge to Installer. Additional information shall be sent to Installer once the Debit Card is received. All earnings, payments to Debit Card, payment tracking, and much more is provided to the Installer from his or her “Virtual Office” within Installerpool.com.
The fees, charges, and payments in this Agreement do not include, and Installer is solely responsible for paying, any federal or state taxes, duties, government levies, or other charges imposed by a taxing or other regulatory authority relating to use of the Service. Installer is solely responsible for arranging payment for any and all additional or premium charges for use of any third party services via the Service.
4. INSTALLER REGISTRATION OBLIGATIONS
Installer shall agree to provide true, accurate, current and complete information about his or herself as prompted by the Service registration process (the "Registration Data"). Installer shall agree that, in providing such Registration Data, Installer shall not knowingly omit or misrepresent any material facts or information and shall promptly enter corrected or updated Registration Data via the Service, or otherwise advise the Company promptly in writing of any such changes or updates. Installer consents and authorizes the Company to verify the Registration Data as required for use of and access to the Service, as applicable. Once subscribed to the Service, Installer shall receive a unique user identification and password in connection with the account (collectively, the "ID"). Installer shall not allow another person or entity to use his or her ID to access and use the Service under any circumstances. Installer is solely and entirely responsible for maintaining the confidentiality of his or her ID and for any charges, damages, liabilities, or losses incurred or suffered as a result of the failure to do so. The Company is not liable for any harm caused by or related to the theft of Installer’s ID, Installer’s disclosure of his or her ID, or Installer’s authorization to allow another person or entity to access and use the Service using Installer’s ID. Furthermore, Installer is solely and entirely responsible for any and all activities that occur under the account, including any charges incurred relating to the Service. Installer shall immediately notify the Company of any unauthorized use of the account or any other breach of security known to the Installer. Installer acknowledges that the complete privacy of his or her data and messages transmitted while using the Service cannot be guaranteed.
5. INSTALLER’S ACCEPTANCE OF THE AGREEMENT
The Company’s website (“Installerpool.com”) is comprised of various web pages operated by the Company. Installerpool.com is offered to the Installer conditioned on his or her acceptance without modification of the terms, conditions, or notices contained within this Agreement. Use of Installerpool.com by the Installer constitutes Installer’s agreement to and acceptance of all such terms, conditions, and notices.
6. UPDATES TO INSTALLER ACCOUNT
Installer shall keep all information, including but not limited to, name, address, phone number, email address, and any other information the Company deems necessary or requires at registration, current on Installerpool.com. Installer shall update any information required upon initial registration, or deemed necessary by the Company at any time, immediately upon change. Failure to do so may result in, among others, the Installer not properly receiving notices of changes to this Agreement or not properly receiving payroll.
7. INSTALLER RATINGS
Part of the Company’s system is designed to help the Installer build a resume that will follow him or her anywhere in the United States. To accomplish this, Installer agrees to be rated by any Dealer or Customer from which he or she accepts work through Installerpool.com. On every job sent to Installer through Installerpool.com, Installer will have a choice to ACCEPT or DECLINE the job. Once Installer chooses to ACCEPT a Dealer’s job, Installer becomes eligible to be rated for that job. Even if Installer does not perform, or even show up for the job, the Dealer can rate the Installer. Feedback rating on Installer’s job performance is provided anonymously only by the Dealer or Customer who provided the specified job. Installer will be rated on six criteria on a scale of 1 to 5:
(a) Skill in handling job;
(e) Handling callbacks; and
Installer can only be rated one time for each job performed, and Installer must accept the job in order to be rated. If Installer declines any job, Installerpool.com notifies the Dealer of the declination, and Installer is not eligible to be rated. Installer’s ratings accrue over a one (1) year period, and continue to adjust according to his or her average over a one (1) year period. Ratings are in numbers only, 1-5, and range from 1 Star (poor) to 5 Stars (excellent). All feedback ratings from Dealer or Customer shall be made in good faith, and in a fair and unbiased manner. Installer’s ratings average is displayed in his or her “My Profile” page on Installerpool.com and is made public to any Dealers/Customers on Installerpool.com, along with Installer’s contact information. Dealers and Customers will be able to view Installer’s “Profile,” along with Installer’s ratings, to determine if they want to offer Installer any work. There is no place to insert any comments in the ratings.
The Company does not participate in rating the Installer (except as listed below) and is not responsible for the ratings. Installer agrees that all ratings are between the Dealer or Customer providing the work and the Installer performing the work. Installer understands and agrees to hold the Company harmless from any rating received and any dispute that may arise as a result of such rating. As Dealer or Customer is required to provide a rating for each Installer, Dealer/Customer shall also be held harmless for any rating, so long as the rating is given based on good faith, and is done so in a fair and unbiased manner.
If Installer feels he or she has been rated unfairly, Installer may send an email to email@example.com and explain the situation. The Company will investigate and try to help resolve the matter. There will be one of two possible outcomes: (1) the Company will uphold the rating as is; or (2) the Company may reverse the rating, at its sole discretion. Regardless of the outcome, Installer will be notified via the email address provided of the decision made. No further action will be taken, and Installer agrees to abide by these terms by continuing the registration process.
8. INITIAL OR GRIEVANCE PROCESS RATINGS
The Company may issue a rating only in certain circumstances from which it is deemed by the Company as helpful. This will occur either as an initial rating or to solve a grievance dispute. The Company may use certain criteria, such as, but not limited to, years of experience, insurance maintained, certifications, etc., in issuing an initial rating. A grievance dispute may also require the Company to adjust or offer a rating where an Installer feels he or she has been rated unfairly. Installer understands and agrees that a rating received in either of the two cases above will be for one of the following purposes: (1) to help promote Installer in his or her local area; or (2) to resolve a dispute where a rating was given and deemed to be given wrongly (see process above). Installer agrees to hold the Company harmless for all ratings and any dispute that may arise as a result of such rating.
9. DISPUTE RESOLUTION for Direct Customer Installation
This section applies to work scheduled and installed through the Installerpool.com system in which case the Installer is working directly for a customer and not directly for a Dealer. In the event of a dispute between Installer and a customer as to the quality of work done (where the customer refuses to pay Installer, Installer refuses to provide more work, or any other similar situation in which there is a dispute between a customer and Installer relating to the invoiced work performed), the following steps shall be taken to resolve the dispute:
(a) Installer and the customer agree to present their dispute to the Dealer. Dealer will hear both sides of the dispute and will offer a non-binding suggested resolution to the dispute. If both Installer and the customer agree to the Dealer’s suggested resolution, the matter will be closed and both parties will act accordingly. As the Dealer is providing only a non-binding suggested resolution, Installer agrees to hold Dealer harmless and not liable in any way for the suggested resolution offered and any further dispute that may arise because of the suggested resolution.
(b) If either or both the Installer or the customer do not agree with the Dealer’s suggested resolution, the parties may present their dispute to the Company, upon which time the Company will hire an uninterested, non-conflicted, third-party flooring inspector (the “Inspector”) to inspect the Installer’s work. The charge for the Inspector shall be shared by both parties in the event of a split payment (awarding both the customer and Installer an amount of the funds based on the pro rata distribution of the funds released from escrow). In the event of a one-sided win either by the Installer or the customer, the Inspector’s fee shall be taken out of the funds that are either released to the Installer or returned to the customer. The Inspector will inspect the work performed by the Installer and issue a report to the Company detailing his or her findings. The report shall present a determination of whether work completed by the Installer is up to industry standards or, if applicable, a percent of quality work completed. Based on that percentage, the Company will release funds to the Installer or return funds to the customer (for example: if the percentage was 100%, the Installer would receive 100% of the funds held in escrow and no funds would be returned to the customer; if the percentage was 75%, the Installer would receive 75% of the funds in escrow and 25% would be returned to the customer, and so on), subject to the charge for the Inspector. Release of funds and the Inspector’s report will only be based on the agreed upon invoice with no external factors taken into consideration, such as, but not limited to, damage to personal property, verbal agreements not listed on the invoice, or theft.
The Company shall provide a copy of the Inspector’s report to both Installer and the customer, and shall release or return funds based solely on that report. If both Installer and the customer agree to the resolution presented by the Inspector’s report, the matter will be closed and both parties will act accordingly. The Company shall release or return the funds based solely on the Inspector’s report regardless of objections by either Installer or the customer.
(c) If either or both the Installer or the customer do not agree with the Inspector’s report, the parties may seek other judicial or non-judicial remedies if they so choose. Upon further action taken, neither the Company nor the Dealer shall be involved going forward, and the parties shall act only according to a court of law or arbitration/mediation ruling.
Installer agrees that the Company’s only involvement in the dispute resolution is to hire the Inspector, collect and distribute the Inspector’s report, and release the funds based solely on the Inspector’s report. The Company will not provide any type of resolution to the dispute, suggested or otherwise. The Company shall remain neutral as to the dispute, and shall only be involved in facilitating communication between the Installer and the customer and releasing funds according to the Inspector’s report. Installer agrees to hold the Company harmless and not liable in any way for any suggested resolution by the Dealer, for the Inspector’s report and subsequent releasing of the funds from escrow, or for any further dispute that may arise as a result of said resolution.
10. Dealer Liability
Dealer is not responsible or liable for any work performed by the Installer hired through Installerpool.com. Any disputes that may arise between Installer and customer may be resolved as noted above, but Dealer shall not be held liable for the work performed/not performed by the Installer, any damage to property by the Installer during the job, or any other dispute that may arise between the Installer and the customer as a result of the job accepted by the Installer through Installerpool.com.
The Company reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on Installer’s use of the Service. Such updates, revisions, supplements, modifications, or additional rules, policies, terms, and conditions (collectively referred to in this Agreement as "Additional Terms") will be effective immediately and incorporated into this Agreement. Installer’s continued use of the Company’s Services or Installerpool.com following modification shall be deemed to constitute his or her acceptance of any such Additional Terms. All Additional Terms are incorporated into this Agreement by this reference.
The Company may send the Installer notice with respect to the Service by sending an email message to the email address listed in Installer’s contact information, by sending a letter via postal mail to the contact address listed in Installer’s contact information, or by a posting on Installerpool.com. Notices shall become effective immediately.
13. LINKS TO THIRD PARTY SITES
Installerpool.com may contain links to other websites (the "Linked Sites"). The Linked Sites are not under the control of the Company and the Company is not responsible for the contents of any of the Linked Sites, including without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. The Company is not responsible for webcasting or any other form of transmission received from any Linked Site. The Company is providing these links to the Installer only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the Linked Site or any association with its operators.
14. NO UNLAWFUL OR PROHIBITED USE
As a condition of the Installer’s use of Installerpool.com, Installer warrants to the Company that he or she will not use Installerpool.com for any purpose that is unlawful or prohibited by these terms, conditions, or notices. Installer may not use Installerpool.com in any manner which could damage, disable, overburden, or impair Installerpool.com, or interfere with any other party's use or enjoyment of Installerpool.com. Installer may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for by the Company or through Installerpool.com.
15. USE OF COMMUNICATION SERVICES
Installerpool.com may contain bulletin board services, chat areas, news groups, forums, communities, personal websites, calendars, or other message or communication facilities designed to enable the Installer to communicate with the public at large or with a group (collectively, the "Communication Services"). Installer agrees to use the Communication Services only to post, send, and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, Installer agrees that when using a Communication Service, Installer shall not:
(a) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
(b) Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
(c) Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless Installer owns or controls the rights to the protected material, or have received all necessary consents;
(d) Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
(e) Advertise, or offer to buy or sell, any goods or services for any business purpose, unless such Communication Service specifically allows for such messages;
(f) Conduct or forward surveys, contests, pyramid schemes or chain letters;
(g) Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner;
(h) Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
(i) Restrict or inhibit any other user from using and enjoying the Communication Services;
(j) Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service;
(k) Harvest or otherwise collect information about others, including e-mail addresses, without their consent; or
(l) Violate any applicable laws or regulations.
The Company has no obligation to monitor the Communication Services. The Company, however, may review materials posted to a Communication Service and remove any materials in its sole discretion. The Company may also terminate Installer’s access to any of the Communication Services for any reason, at any time.
The Company may at all times disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or edit, refuse to post, or remove any information or materials, in whole or in part, in the Company’s sole discretion.
Installer should always use caution when giving out any personally identifying information in any Communication Service. The Company does not control or endorse the content, messages or information found in any Communication Service and therefore, specifically disclaims any liability with regard to the Communication Services and any actions resulting from participation in any Communication Service. Managers and hosts are not authorized Company spokespersons, and their views do not necessarily reflect those of the Company.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction or dissemination. Installer is responsible for adhering to such limitations if the materials are downloaded.
16. MATERIALS PROVIDED TO OR POSTED AT Installerpool.com
The Company does not claim ownership of the materials Installer provides (including feedback or suggestions) or posts, uploads, inputs or submits to Installerpool.com or its associated services (collectively, the "Submissions"). By posting, uploading, inputting, providing or submitting a Submission, however, Installer grants the Company, including its affiliated companies and necessary sub-licensees, permission to use the Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate or reformat the Submission, and to publish Installer’s name in connection with the Submission.
The Company will not provide compensation to the Installer with respect to any use of any Submission. The Company is under no obligation to post or use any Submission the Installer may provide and may remove any Submission at any time in its sole discretion.
By posting, uploading, inputting, providing or submitting a Submission, Installer warrants and represents that he or she owns or otherwise controls all of the rights to the Submission as described in this section including, without limitation, all of the rights necessary to provide, post, upload, input or submit the Submission.
17. LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH INSTALLERPOOL.COM MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION provided at Installerpool.com. The Company OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS OR CHANGES to INSTALLERPOOL.COM AT ANY TIME. ADVICE RECEIVED VIA INSTALLERPOOL.COM SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND Installer SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO his or her SITUATION. The Company OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, or ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES or RELATED GRAPHICS CONTAINED ON INSTALLERPOOL.COM FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. The Company OR ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES or RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE or NON-INFRINGEMENT.
18. SERVICE CONTACT
The Company makes no assumptions regarding any Installer listed on the site, nor is the Company responsible for any damages incurred due to poor workmanship, or other, stemming from an Installer selected from Installerpool.com. The Company does not provide Installers. The Company is merely providing easy access to sub-contractor Installers in Dealers’ immediate areas, or wherever Dealers may be performing work. The Company DOES NOT perform or provide BACKGROUND CHECKS ON ANY INSTALLER. Any representation an Installer makes is made solely by the Installer, and is in no way verified by the Company. Dealers are responsible for verifying, interviewing, performing background checks, or performing any other verification process deemed necessary for any Installer.
19. TERMINATION/ACCESS RESTRICTION
The Company reserves the right, in its sole discretion, to terminate Installer’s access to Installerpool.com or any of the related services, at any time, without notice.
Installer agrees that no joint venture, partnership, employment, or agency relationship exists between Installer and the Company as a result of this Agreement or use of Installerpool.com. The Company's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of the Company's right to comply with governmental, court, or law enforcement requests or requirements relating to Installer’s use of Installerpool.com or information provided to or gathered by the Company with respect to such use.
20. INTELLECTUAL PROPERTY RIGHTS
Only Installer may access the Service using his or her ID, unless otherwise agreed to in writing by the Company. The content available through the Service is the property of the Company or its licensors and is protected by copyright and other intellectual property laws. Content received through the Service may be viewed, and used according to the agreement of site use, described in this Agreement. Installer shall not reproduce, retransmit, distribute, disseminate, sell, broadcast, perform, make available to third parties or circulate the content received through the Service to any person or entity, or to exploit any such content for commercial or noncommercial purposes without the express prior written consent of the Company.
Installer acknowledges that the Company retains exclusive ownership of the Service and all associated intellectual property rights. Except as expressly provided, Installer is not granted any rights or licenses to patents, copyrights, trade secrets or trademarks with respect to the Service or its contents, and the Company reserves all rights not expressly granted. Installer shall promptly notify the Company in writing upon discovery of any unauthorized use or infringement of the Service (or its contents) or the Company’s patent, copyright, trade secret, trademarks or other intellectual property rights. The Service contains proprietary and confidential information that is protected by copyright laws and international treaty provisions.
By posting messages, inputting data, suggesting ideas or engaging in any other form of communication through the Service, Installer irrevocably agrees that any such content, and all associated intellectual property rights shall become the Company’s sole property. The Company may copy, sub-license, adapt, publicly perform, display or otherwise exploit any such content and rights in any manner whatsoever, throughout the world, in perpetuity, without any obligation to make any payment to Installer or others or to give Installer credit.
21. BINDING EFFECT
The terms, conditions, and covenants of this Agreement shall be binding upon the parties, their successors, heirs and assigns, but no assignment or transfer by Installer of this Agreement, or of an interest in the property described in this Agreement, shall be valid, unless made with the written consent of the Company.
22. GOVERNING LAW AND VENUE
This Agreement shall be governed in all respects by the laws of the State of Tennessee, without regard to any conflicts of law principles, decisional law, or statutory provision which would require or permit the application of another jurisdiction’s substantive law. Any party bringing a legal action or proceeding against any other party arising out of or relating to this Agreement shall bring the legal action or proceeding in the United States District Court for the Eastern District of Tennessee, or in any court of the State of Tennessee sitting in Knoxville. Each party waives, to the fullest extent permitted by law,
(a) any objection which it may now or later have to the laying of venue of any action or proceeding arising out of or relating to this Agreement brought in the United States District Court for the Eastern District of Tennessee, or in any court of the State of Tennessee sitting in Knoxville; and
(b) any claim that any action or proceeding brought in any such court has been brought in an inconvenient forum.
In the event of any action filed in relation to this Agreement, the breaching party shall pay to the non-breaching party, in addition to all other sums that the breaching party may be called on to pay, a reasonable sum for the non-breaching party’s attorneys’ fees.
Unless otherwise specified, this Agreement constitutes the entire agreement between Installer and the Company with respect to Installerpool.com and governs Installer’s use of the Service, superseding all prior or contemporaneous communications, proposals, or agreements, whether electronic, oral, or written, between the Installer and the Company with respect to Installerpool.com. Installer also may be subject to additional terms and conditions that may apply when Installer uses affiliate services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The Company's failure to enforce any right or provisions in this Agreement will not constitute a waiver of such provision, or any other provision of this Agreement. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. The Company will not be responsible for failures to fulfill any obligations due to causes beyond its control.
A printed version of this Agreement or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
24. COPYRIGHT AND TRADEMARK NOTICES
All contents of Installerpool.com are: Copyright 2008 by Installerpool.com LLC or its suppliers. All rights reserved.
The names of actual companies and products mentioned may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted are reserved.
26. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.